CAGAR (PRIVATE) LIMITED and JAYANTKUMAR B. BHAGAT and ANITA BHAGAT versus NATIONAL RAILWAYS OF ZIMBABWE CONTRIBUTORY PENSION FUND and THE SHERIFF OF ZIMBABWE

Harare High Court · HH 373-17 · 06 2017

This is an application for stay of execution of the judgment of this court granted in favour of the first respondent against the applicants in Case Number HC 8560/16. The judgment was granted on 24 May 2017. On 29 May…

GIFT SARUCHERA versus CHIPO SARUCHERA

Harare High Court · HH 372-17 · 06 2017

This was an application for variation of a divorce order granted in 2007. The applicant sought variation of the clause in the order which read as follows: “b) The defendant shall have the first option to buy out the plaintiff…

MEMORY GAHADZIKWA versus EVERSON ZHOU and GODFREY MAGWAZA and SALTANA ENTERPRISES (PVT) LTD and BELVEDERE WEST/WARREN PARK HOUSING DEVELOPMENT ASSOCIATION and DAVIE FUKWA MUTINGWENDE and ANTHONY ENERST PAHWARINGIRA and CITY OF HARARE

Harare High Court · HH 369-17 · 06 2017

Despite being served with the application, the second and sixth respondents did not appear for the hearing. The third respondent’s director, Mr S.T. Rusike attended the hearing and indicated that the third respondent was not opposed to the application. So…

CLEMENCE MACHEMEDZE versus SHARON TSITSI MACHEMEDZE (nee Marombedze)

Harare High Court · HH 366-17 · 06 2017

The parties entered into a customary union on 25 May, 2007 and on 2 April 2011, they registered their marriage in terms of the Marriages Act [Chapter 5:11]. The couple had two minor children born on 27 December and 12…

PRICCILAR MUFAMBI (nee VENGESAI) versus TAVONGA MUFAMBI

Harare High Court · HH 355-17 · 06 2017

The background of this case is that, the plaintiff got divorced from a previous marriage on 14 June, 2012. As part of the divorce settlement, she was awarded Stand 430, Westwood. On 8 December, 2012, she married the defendant. On…

JENEPHER MURAHWA versus NGONI BHAMU

Harare High Court · HH 354-17 · 06 2017

The plaintiff and the defendant lived together as husband and wife in an unregistered customary union and bore two children, Prince Munyaradzi Bhamu on 2 February, 1997 and Privilege Tinotenda Bhamu on 3 January, 2002. The parties later separated. The…

LILIAN MARUVA MASOMBO versus PUZZLE BLESSING HLAHLA

Harare High Court · HH 368-17 · 06 2017

This was an application for rescission of a default judgment which l heard on 18 May 2017 and dismissed with costs. I delivered the judgment ex tempore and I have now been requested for the written reasons.

M. MAZAI N.O. and MUNICIPALITY OF CHINHOYI versus TONDERAI MUKOSA and THE LOCAL GOVERNMENT BOARD

Harare High Court · HH 367-17 · 06 2017

This is a combined application for condonation of the late filing of an application for rescission of judgment and rescission of judgment.

THE STATE versus SOLOMON MTISI

Masvingo High Court · HMA 28-17 · 06 2017

The court a quo seemed to have conducted the proceedings in this matter without regard to the relevant provisions of the Code [The Criminal Law (Codification and Reform) Act, [Cap 9:23]. As a result, both the offence with which the…

BITCON (PRIVATE) LIMITED t/a KUCHI CONSTRUCTION and TWO PENNY TRADING (PRIVATE) LIMITED

Harare High Court · HH 363-17 · 06 2017

A pre-trial conference is an integral component of proceedings which commence under Order 3 of the High Court Rules, 1971. It is at that conference that the parties to a case meet on their own or with the assistance of…

THE STATE versus JULIET PHILIP

Harare High Court · HH 361-17 · 06 2017

This matter was placed before me on automatic review of proceedings presided over by the Senior Magistrate at Chegutu Magistrates Court on 20 April, 2017. The accused pleaded guilty before the said magistrate to a charge of assault as defined…

THE STATE versus EDMORE MAGODO

Masvingo High Court · HMA 27-17 · 06 2017

The accused is facing a charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [Cap 9:23].

ANDREW JOHN PASCOE versus MINISTRY OF LANDS & RURAL RESETTLEMENT and W. BUNGU and THE ATTORNEY GENERAL N.O

Harare High Court · HH 391-17 · 06 2017

This is an urgent chamber application in terms of which the applicant seeks the following relief as set out in the provisional order:- TERMS OF FINAL ORDER SOUGHT That you show cause to this Honourable Court why a final order…

MAJORIE MAKARAU and SEBASTIAN MAKARAU versus PHILLIP WILLIAM

Harare High Court · HH 357-17 · 06 2017

On 23 May 2017, I delivered an ex tempore judgment granting the application for rescission of judgment after hearing the matter. Following a request for the written reasons, I hereby furnish them. The application was for rescission of a default…

DESTINY OF AFRICA NETWORK versus RAINBOW TOURISM GROUP LIMITED and DEPUTY SHERIFF OF ZIMBABWE

Harare High Court · HH 364-17 · 06 2017

This is an urgent chamber application in which the interim relief sought is that execution, and or attachment, and or removal of property in case number HC 2593/13 be stayed pending determination of an application for a declaratur that the…

KONE MUSIMO and KARIKOGA RUPINGIRO and MAFIROWANDA ZHOU versus THE STATE

Harare High Court · HH 358-17 · 06 2017

At the hearing of this appeal we dismissed the appeal on the turn and gave reasons ex-tempore. These are the reasons for that decision.

FABIOLA N GONYE versus FADZAI MTOMBENI N.O and WALTER MULTER and CLERK OF COURT, REGIONAL COURT and PROSECUTOR GENERAL, ZIMBABWE

Harare High Court · HH 356-17 · 06 2017

The applicant approached the court on a Certificate of Urgency setting a Provisional Order in the following terms “Final Order Sought 1. The decision of the first respondent in Case Number R254-7/15 R300/15 wherein she ordered that the exhibit amounting…

ZONDIWE DHLOMO versus DAVID DHLOMO and BARBARA VHUTUZA and EMMANUEL ANESU VHUTUZA and MASTER OF THE HIGH COURT and REGISTRAR OF DEEDS

Harare High Court · HH 353-17 · 06 2017

The actions of an Anglican Church priest David Dhlomo the first defendant, in selling his deceased mother’s house to second and third defendants without the knowledge of his siblings have resulted in the plaintiff (his sibling) dragging both the man…

SCOTT CHIRIPAMBERI and TENDAI CHIRIPAMBIRI versus BLUE RIDGE SPAR TRADING LIMITED and THE SHERIFF OF ZIMBABWE

Harare High Court · HH 352-17 · 06 2017

On 24 January 2017 I heard this application and delivered an ex tempore judgment dismissing it with costs. I have now been asked for the written reasons which I do hereby furnish.

CONSTABLE NYABEREKA 982058D versus THE BOARD PRESIDENT (Chief Superintendent Marufu D) and THE COMMISSIONER GENERAL OF POLICE

Harare High Court · HH 351-17 · 06 2017

On 28 March 2017 l heard this matter and dismissed it with costs. Now l have been asked for the written reasons thereof. These are they. The facts of the matter as narrated by the applicant are as follows. On…